I have noticed that the court intervenes only when there is some kind of evidence that shows some damage done to the child. Is there any preventive measurements that I can ask the court? For instance, my ex is drinking w her friends during her parenting time, there is a revolving door of boyfriends that have contact with my child, during her parenting time always there are friends around and my son complains that she does not give her too much attention to her. All of this is based on conversations with my child, I do not have any solid evidence. It is hard to proof what is going on behind walls. However, if I do not stop this behavior; then some serious damages can occur specially when alcohol is involve. I just do not see the point of going to court when I have already evidence and there is a clear damage done to the well- being of my son..that is too late. For instance, I go to the doctor to change my diet, have blood tests, etc to avoid getting sick. What is the point of going to the doctor when I am very sick.. I need to file a motion but without evidence, my ex will say that I am making all these allegations up and nothing will happen.
You should speak with a family law attorney about this as soon as possible. However, if you believe that there is a risk of harm to child then you must contact DCP&P. Speak to an attorney. Avvo has a great database of attorneys. Good Luck.
The answers given herein do not constitute legal advice. The answers do not constitute an attorney-client relationship. The responses and answers made, herein, are purely informational. If you need legal advice, please contact an attorney directly.
You are correct in that it is often difficult to protect children until something bad does happen. It is possible to make an application to increase your parenting time so as to limit the child's exposure to your ex's bad behavior. It is also possible to request a change of custody, but obviously that is a big commitment and would require some objective evidence that the child is better off with you (e.g., not doing well in school, behavioral problems, getting in trouble, etc.).
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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